Dallas, TX asked in Criminal Law, Federal Crimes, Civil Rights and Legal Malpractice for Texas

Q: If 2 interns unlicensed to practice law represented the state at anytime prosecuting my case is that grounds to sue?

They were also not legally licensed interns or have a special permit.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to effective counsel under the Sixth Amendment but that is about your own attorney, not the prosecutor.

If you are trying to get the conviction undone, consult an attorney who focuses on criminal appeals and extraordinary remedies. This isn't my area but I suppose there could be a jurisdictional argument if an "information" charging the defendant with a misdemeanor was not signed by an attorney. However, I've not researched if a defect like that is considered to be waived if no objection was raised before trial.

If they were paid interns and they falsely claimed to be attorneys then they may have committed a crime... but not if they were unpaid or they never claimed to be attorneys and besides, getting someone else into trouble wouldn't automatically change the result in your case.

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